Fifteenth Court of Appeals Decision – February 12, 2026

No. 15-25-00150 In re: Colossusbets Limited, et al., Petitioners (Business Court Div. 3A (Travis County)

[Brister, Author, with Field and Ferris)

Jurisdiction.  This action (Reed v. Rook, 2025 Tex. Bus. 34) arises out a claim that defendants created entities to rig the Lotto drawing, thereby depriving Reed, a subsequent winner, of a larger jackpot. The case was filed in Travis County, alleging claims of money had and received, statutory violations of the State Lottery Act and related regulations, and a string of derivative claims. Two defendants removed the case to the Business Court, and that Court denied a motion to remand the case to Travis County. Reed then amended his petition to disclaim any allegation, legal theory, or request for relief that would implicate Business Court jurisdiction. He then sought remand based on the amended complaint. The  Business Court reconsidered the matter and remanded the case to Travis County – see the Business Court’s decision of August 25, 2026.

Defendants filed this writ of mandamus on the question of “whether jurisdiction, once exercised can be lost.”

Held: (1) the Business Court has jurisdiction to reconsider an order denying remand; there is no specific legal bar to such reconsideration, which is part of the court’s plenary power; Rule 335(f) does not bar reconsideration of an order of denying remand;

(2)  while jurisdictional manipulation is a concern, here plaintiffs gave up all claims that would create Business Court jurisdiction as the price for remand; this disavowal of claims within the Business Court’s jurisdiction is a waiver of the claims which cannot be undone.

The writ petition is denied.